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Telecomm Innovations LLC

Telecomm Innovations LLC

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01253-UNA: Telecomm Innovations LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8Mb for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01253-UNA: Telecomm Innovations LLC. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8Mb for more info.

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Published by: PriorSmart on Jul 22, 2013
Copyright:Public Domain

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05/06/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
TELECOMM INNOVATIONS, LLC,
 Plaintiff 
v.DELL, INC.,
 Defendants
Civil Action No. ______________ JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Telecomm Innovations, LLC ("Telecomm" or "Plaintiff"), for its Complaintagainst Defendant Dell Inc. ("Dell" or "Defendant"), alleges the following:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. § 1
et seq
.
THE PARTIES
2.
 
Telecomm is a limited liability company organized under the laws of the State of Delaware with a place of business at 1209 Orange Street, Wilmington, Delaware 19801.3.
 
Upon information and belief, Dell is a corporation organized and existing under the laws of the State of Delaware, with its principal executive offices at 1 Dell Way, RoundRock, Texas. Upon information and belief, Dell sells and offers to sell products and servicesthroughout the United States, including in this judicial district and introduces products andservices that perform infringing processes into the stream of commerce knowing that they would be sold in this judicial district and elsewhere in the United States.
JURISDICTION AND VENUE
 
4.
 
This is an action for patent infringement arising under the Patent Laws of theUnited States, Title 35 of the United States Code.5.
 
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).6.
 
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c) and 1400(b).7.
 
Upon information and belief, Defendant conducts substantial business in thisforum, directly or through intermediaries, including: (i) at least a portion of the infringementsalleged herein; and (ii) regularly doing or soliciting business, engaging in other persistentcourses of conduct and/or deriving substantial revenue from goods and services provided toindividuals in Delaware.
COUNT I
 – 
INFRINGEMENT OF U.S. PATENT NO. 5,396,519
8.
 
Telecomm repeats and realleges the allegations of paragraph 1 through 7 asif fully set forth herein.9.
 
On March 7, 1995, U.S. Patent No. 5,396,519 Patent ("the '519 Patent"), entitled"Method and Apparatus for Adaptively Providing Precoding and Preemphasis Conditioning toSignal Data for Transfer over a Communication Channel," was duly and legally issued by theUnited States Patent and Trademark Office. A true and correct copy of the '519 Patent isattached as Exhibit A.10.
 
Telecomm is the assignee and owner of the right, title and interest in and to the'519 Patent, including the right to assert all causes of action arising under said patent and theright to any remedies for infringement of it.11.
 
Upon information and belief, Defendant has and continues to directly infringe oneor more claims of the '519 Patent by using, and/or providing and causing to be used productsthat incorporate dial up modems or functionalities that perform the signal conditioning method
 
claimed in the '519 Patent, including, without limitation, products such as External USBModem, Data Fax PCI, USR5637, Internal Modem Daughter Card, PCI Modem, Dell StudioHybrid, and others (the "'519 Accused Instrumentalities").12.
 
Defendant was made aware of the '519 Patent and their infringement thereof atleast as early as the filing of this Complaint.13.
 
At least as of the filing of this Complaint, Defendant is, on information and belief, inducing infringement of one or more claims of the '519 Patent by, without limitation,making, using, importing, selling and/or offering for sale the '519 Accused Instrumentalitiesfor use by customers and others and also providing those customers and others with technicalsupport and services, as well as detailed explanations, instructions and information as toarrangements, applications and uses of the '519 Accused Instrumentalities that promote anddemonstrate how to use the '519 Accused Instrumentalities in a manner that would infringethe '519 Patent.14.
 
Upon information and belief, at least as of the filing of this Complaint, Defendantspecifically intended to induce infringement by its customers and others by at least the acts setforth in paragraph 13, knowing that such acts would cause infringement and/or were willfully blind to the possibility that their inducing acts would cause infringement. Upon information and belief, Defendant's customers and others have infringed and are continuing to infringe the '519Patent.15.
 
Telecomm has been harmed by Defendant's infringing activities.
COUNT II
 – 
INFRINGEMENT OF U.S. PATENT NO. 5,600,712
 16.
 
Telecomm repeats and realleges the allegations of paragraph 1 through 15 asif fully set forth herein.

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